Talcum Powder Cancer Lawsuits Moving Forward Against J&J After Lengthy Litigation Stay

Following the recent dismissal of Johnson & Johnson’s second attempt to force all talcum powder cancer lawsuit through the U.S. bankruptcy system, the federal judge now presiding over the litigation has issued a series of orders that will get the cases moving again, including establishing new deadlines for parties to file Plaintiff Profile Forms and requiring attorneys to update complaints where any plaintiff has died while waiting for their day in court.

Johnson & Johnson faces more than 60,000 Baby powder lawsuits and Shower-to-Shower lawsuits filed throughout the federal court system, each involving similar allegations that asbestos particles in the talc-based products caused users to develop ovarian cancer, mesothelioma, and other injuries.

Following massive jury awards returned in cases that went to trial several years ago, the manufacturer decided to initiate a controversial talcum powder bankruptcy scheme in 2021, as part of an attempt to force any settlement for the cases through the U.S. bankruptcy system.

Until last month, all proceedings in the litigation were barred under a bankruptcy stay. However, after U.S. Bankruptcy Judge Michael B. Kaplan rejected the second talcum powder bankruptcy filing in July 2023, after determining that it was “filed in bad faith” and that LTL Management still did not face financial distress requiring bankruptcy protections, progress is getting underway once again in a federal talcum powder MDL, which was initially established in 2016.

The litigation was initially assigned to U.S. District Judge Freda Wolfson, who announced her retirement earlier this year. Therefore, Judge Michael Shipp was appointed to preside over further management of the talcum powder lawsuits earlier this year, and he has now issued a series of orders that will help move the cases forward.

Judge Moves Talcum Powder Lawsuits Forward

In prior filings opposing the Johnson & Johnson bankruptcy scheme, plaintiffs’ attorneys have noted that many of their clients pursuing talcum powder lawsuits have died while waiting for their cases to be adjudicated due to Johnson & Johnson’s delaying tactics.

In a case management order (PDF) issued on September 1, Judge Shipp indicated that attorneys representing any women who have died since the litigation began have 180 days to either file and serve a motion to substitute a proper party, or notify the court why a proper party substitute may not be selected.

In addition, the Court issued a separate order (PDF) the same day, establishing a process for a Plaintiff Profile Forms (PPF) to be filed in each case, providing key information and records involving in that lawsuit, including all medical records regarding ovarian cancer or other injury that resulted from exposure to talcum powder.

Talcum Powder Litigation Status Conference To Discuss Bellwether Plan

Prior to the initial talcum powder lawsuit bankruptcy stay, the parties were planning for a series of early bellwether trials to be held, to help gauge how juries are likely to respond to certain evidence and testimony that is likely to be repeated throughout the litigation. However, the start of those trials have been delayed for more than two years.

Although Johnson & Johnson has asked Judge Shipp to re-litigate challenges to the admissibility of certain expert witnesses, which were previously decided by Judge Wolfson before the bankruptcy stay, plaintiffs lawyers have strongly opposed any attempts to further delay the litigation.

Judge Shipp is scheduled to meet with the lawyers for a status conference today, at which time the Court will review the next steps, and whether plaintiffs will be allowed to resume preparations for a series of bellwether talcum powder trials at this time.

While the outcome of these individual trials will not affect other cases, the verdicts are likely to have significant influence on the value of any talcum powder cancer settlement Johnson & Johnson may be required to pay to avoid the need for tens of thousands of cases to be remanded back to federal courts nationwide for trial in the coming years.